Levees Not War

“I expected that a lawsuit taking on the entire oil and gas industry—perhaps the largest environmental lawsuit in the history of the planet—might receive major national coverage.” —Nathaniel Rich

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In “Behind the Cover Story,” Rachel Nolan speaks with Nathaniel Rich, a New Orleans resident and author of last Sunday’s powerful and authoritative New York Times Magazine cover story “Waterworld: The Most Ambitious Environmental Lawsuit Ever”—about how he came to write the piece, and possible consequences if the lawsuit fails . . .

Along the way, Rich hails The Lens of New Orleans as “a fantastic local investigative news site.” We could not agree more. 

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Behind the Cover Story: Nathaniel Rich on the Legal Battle Over Louisiana’s Land Loss

You have lived in New Orleans for some time now. How did you first become aware of the massive land loss in Louisiana?

I was ignorant about coastal land loss before I moved to New Orleans four years ago, but that changed quickly. Louisianians have known about the loss of their wetlands for decades, but relatively few people outside the state seem to be aware of the problem or its scope. This is disturbing because it is a national crisis, endangering the existence of New Orleans as well as a large percentage of our energy infrastructure and shipping trade. It’s not just nature lovers who should be concerned. Anyone who cares about energy independence, trade or national security should be concerned.

Awareness of the issue is growing, however. Several excellent reports have been published in the last few weeks. One was published through a partnership between ProPublica and The Lens, a fantastic local investigative news site. Called “Losing Ground,” it’s a graphic representation of coastal land loss. Another is “Louisiana Loses Its Boot,” by Brett Anderson, published in Medium. Anderson makes the case for a new official state map that would reflect Louisiana’s changing shape.

How did you first hear about this lawsuit, and come to think that John Barry might be interesting to write about?

I learned about it when Barry announced the lawsuit at a press conference last July. I expected that a lawsuit taking on the entire oil and gas industry—perhaps the largest environmental lawsuit in the history of the planet—might receive major national coverage, but it hasn’t come close to getting the attention of, say, the Keystone pipeline.

Barry is a true obsessive, and I’m drawn to writing about obsession. I was fascinated to see a writer abandon a successful writing career, at least temporarily, in order to devote himself to a cause. In my experience, writers are happiest when they are alone in a small room with their work, so Barry’s decision to sue 97 oil and gas companies seemed to me especially radical, and indicative of an unusual personal commitment.

Oil and gas companies conceded responsibility for 36 percent of the land loss. Why don’t the companies pay for 36 percent of the damage to the coast—at the very least as a P.R. move?

Because nobody is making them. The oil and gas industry did not become the most profitable industry in the history of human civilization by accident. Why would an oil company volunteer to donate millions or billions of dollars when nobody is requiring them to? P.R. campaigns come a lot cheaper than that. Shareholders wouldn’t stand for it. Besides, every oil company has a different level of liability. You need some authority to determine how much each company owes. That’s what the lawsuit intends to do.

Who or what is responsible for the rest of the lost land?

Levees, primarily, mostly those built on the Mississippi River by the Army Corps of Engineers. The levees prevent flooding, which deposits sediment into the marshes and builds land. Of course without levees you couldn’t have cities in southern Louisiana. This is one reason it’s difficult for the state to press the oil and gas industry for reparations. Historically, Louisiana has pushed aggressively for the construction of levees, which may be an even greater cause of land loss than the canals and wells dredged by the industry. Thousands of dams built on the Mississippi’s tributaries, which reduce the river’s sediment load, are another factor. Then you have global warming. The land is sinking, and the sea is rising. It’s a pitiful combination.

If this lawsuit fails, what does the future look like for Louisiana?

If the Coastal Master Plan is not fully funded, the coast as we know it will be gone. Over the next century the towns and cities will be abandoned. New Orleans, if it continues to exist, will be an island. The coast might be doomed regardless, but the Master Plan at least gives it a fighting chance.

What might this whole fight in Louisiana mean for Bobby Jindal’s presidential ambitions?

I’m not a political analyst, so I couldn’t speculate with any authority about the next presidential election. Nearly everybody I interviewed in Louisiana, however, believed that Jindal’s extreme hostility to the lawsuit was motivated, at least partially, by his national political ambitions. He is in his final term as governor, after all, and he won’t likely run for state office again. Politically he no longer has much to gain, or lose, in Louisiana. But if he wants to run for president, he will need to win the support of big money. The defendants in the levee-board lawsuit include the Koch Brothers, ExxonMobil and Shell Oil—three of the Republican Party’s top donors. As William Goldman wrote: Follow the money.

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Read “Waterworld: The Most Ambitious Environmental Lawsuit Ever” by Nathaniel Rich in The New York Times Magazine (10/5/2014).

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 Photo of Nathaniel Rich by Meredith Angelson for The New York Times.

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Steve Wereley [of] . . . Purdue University, told NPR the actual spill rate of the BP oil disaster is about 3 million gallons a day—15 times the official guess of BP and the federal government. . . . Eugene Chiang . . . [of] the University of California, Berkeley, calculated the rate of flow to be between 840,000 and four million gallons a day. These estimates mean that the Deepwater Horizon wreckage could have spilled about five times as much oil as the 12-million-gallon Exxon Valdez disaster, with relief only guaranteed by BP in three more months.  —“Experts: BP Disaster Spilling the Equivalent of Two Exxon Valdezes a Week” | ThinkProgress.org

We have a dream—and it may sound wicked, but its cause is just.

If our wish could come true, the “volcano of oil” unleashed by BP would be driven eastward by ocean currents out of the Gulf of Mexico, loop around the pristine shores of Florida, and sweep up the Atlantic seaboard, hovering offshore just close enough to terrorize and activate the American public and elected officials to finally swear off the national addiction to oil. Let the nation get a taste of what’s sickening Louisiana and the Gulf Coast.

As long as we’re visualizing a targeted spread of two Exxon Valdezes per week’s worth of oil, we’d like to see it hovering like an evil genie from a lamp and dripping, dripping malodorously down on the homes and finely manicured lawns of all politicians who have accepted campaign contributions from the oil industry for their votes favoring lax regulations, expanded drilling rights, and low or no royalty revenues for Louisiana.

Fellow Americans who benefit from Gulf Coast oil, it’s time to push Congress and governors to begin developing of alternative energy sources, electric cars, and massive investment in public transportation. (The U.S. is already deep in debt for oil-driven wars, so let’s shift gears and spend instead on immediate national security + new jobs.)

Everyone (almost) is already worried about the Big Spill’s damage to the livelihood of Gulf Coast fishermen and related businesses and the threat to birds, fish, oysters, shellfish, and other coastal fauna. Dead dolphins and sea turtles are pathetic and sickening. But also stomach-turning, terrifying—and possibly fatal to New Orleans—is the fact that the BP “oilpocalypse” is killing the sea grass and other vegetation in the already imperiled, already dwindling Louisiana wetlands that serve as a buffer against hurricanes’ storm surge.

Here’s how it works: Every 2.5 to 4 miles of wetlands reduce hurricane storm surges by about a foot; measured another way, each mile of marsh reduces storm surges by 3 to 9 inches. To protect against the awesome 25- to 30-foot storm surges brought by massive cyclones like Katrina and the Category 5 Hurricane Camille in 1969, for safety southern Louisiana would want (in addition to the barrier islands that have all but washed away) about 50 to 75 miles of wetlands between the Gulf of Mexico and the city of New Orleans. But metro New Orleans, home to about 1.5 million, is now protected by a buffer no more than about 20 miles of wetlands.

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Courtesy of Dirty Coast

Despite decades of warnings and activists’ efforts, the serious work isn’t even close to happening.

Our name is Levees but we dig wetlands too because Louisiana needs a Multiple Lines of Defense Strategy. That’s why we urge everyone to read Mark Davis’s Times-Picayune op-ed, “Rebuilding Coast Requires Hard Choices” (full text below).

Davis, founding director of Tulane’s Institute on Water Resources Law and Policy and former director of the Coalition to Restore Coastal Louisiana, is responding to some bad news reported by Mark Schleifstein: A federal-state task force has “voted to close the West Bay diversion on the Mississippi River—the most effective existing sediment diversion in fighting coastal erosion—unless an alternative source of money is found to pay for dredging sediment from anchorages [essentially parking spots for boats].”

Mark Davis uses this crazy-but-true development to explain the bigger picture: “Protecting a handful of anchorages cannot be more important than restoring our coast, and by extension protecting the social, economic and ecological life of the region. . . . We don’t really have a coastal restoration program, and we won’t have one as long as the only projects we can do are the ones that don’t actually affect anyone or bump into any previously authorized projects.” Everyone knows that coastal restoration is a matter of life and death for Louisiana, and our state’s territorial integrity cannot keep being made to take second place behind oyster leasing conflicts and oil and gas projects and private development projects.

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